Indus Towers Ltd v. The Secretary To The Government
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 18.12.2019
CORAM
THE HONOURABLE MR.JUSTICE C.V.KARTHIKEYAN W.P.No.32892 of 2019 Indus Towers Limited, rep.by its Authorized Signatory Mr.S.Prasanna, No.5, ESPEE IT Park, 5th Floor, Jawaharlal Nehru Road, Ekkatuthangal, Chennai - 600 097 ..Petitioner vs.
1.The Secretary to the Government, Information Technology Department, Fort St.George, Chennai - 600 009.
2.The District Collector, Tiruppur District.
.. Respondents Prayer: Writ Petition filed under Article 226 of The Constitution of India praying to issue Writ of Mandamus, directing the 2nd respondent to permit the erection and installation of the mobile phone tower of the petitioner at the premises being vacant land measuring about 1050 Sq.Ft from and out of 3076 Sq Ft of land bearing Plot No.119, Sankar Nagar, comprised in S.F.No.6, Udumalpet Village, Udumalpet Taluk, Tirupur District, in accordance with the petitioner's representation dated 01.10.2019.
For Petitioner :
Mr.S.Anil Sandeep For Respondent :
Mr.N.Inbanathan Additional Government Pleader
O R D E R
On 01.10.2019, the writ petitioner herein had given a representation to the District Collector, Tiruppur District, with respect to installation of mobile phone towers installation at Site No.119, Sankar Nagar, Udumalpet, Thirupur. The petitioner claims to be a Telecom Infrastructure Service provider regulated by the Department of Telecommunication, Ministry of Communications and Information Technology, Government of India. They further claimed to be carrying the business of Operation and Maintenance of Mobile
phone towers which provides services. It is stated that the petitioner, to facilitate the public to avail the telecom facilities, seeks to erect tower after entering into agreement by name Mr.Thirumoorthy residing at 7, Kasthuri Street, Dhali, Udumalpet, Tiruppur. The petitioner wanted to install a mobile phone tower and claimed that they would follow all the rules and regulations of the Department of Telecommunication. However, it is stated that there was protest raised by the general public.
2. The learned counsel for the petitioner stated that the Government Orders in which he had obtained permission, generally envisage examining the safety of law and order as a condition precedent to consider mobile phone towers can be installed or not. However, the relevant factors should be considered by a District Collector to decide where a mobile phone tower can be installed in a particular place. However, the voice of the people will have to be heard and addressed by the District Collector. This is of much paramount importance.
3. It is stated by the learned counsel for the petitioner that judicial wisdom had never envisaged situation where the petitioner or other Government agencies should ever consider the representations of the general public.
4. I would state very vehemently that judicial wisdom should be to ensure that the representations of the people in the local areas are not neglected. They are also living there and their voices must be heard and answered. The District Collector must give opportunity to the petitioner and also to another persons who raise objections and thereafter consider and pass necessary orders. The petitioner may substantiate his case by placing his submissions and anybody objecting to the same can also raise objections for locating the mobile phone tower. On the basis of the enquiry conducted, the District Collector is directed to pass considered orders with reasons. The enquiry may be conducted over the period of next two months and the District Collector may pass considered orders on or before 29.02.2020.
5. The petitioner may give a fresh representation to the District Collector in this regard, so that the Collector may address the factors involved in erecting the mobile phone tower in the said area and pass orders.
6. With the above observations, the writ petition stands disposed of. No costs.
Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar
Pns To 1.The Secretary to the Government, Information Technology Department, Fort St.George, Chennai - 600 009.
2.The District Collector, Tiruppur District.
+2cc to M/s.Anil Sandeep, Advocate SR.105888 +1cc to the Government Pleader SR.106278 W.P.No.32892 of 2019 PPA(CO) CB(11/02/2020)